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ARIJIT BANERJEE, APURBA SINHA RAY
Ashoke Ghosh – Appellant
Versus
Shyamal Roy – Respondent
JUDGMENT :
ARIJIT BANERJEE, J.
1. This contempt application has been filed for alleged willful violation of an order dated November 28, 2018, whereby an application being CAN 1270 of 2017 filed in a first appeal being FA 316 of 2016 (Shyamal Ray @ Roy v. Sandip Das & Ors.) was disposed of. The relevant portion of the said order reads as follows:
2. The first appeal is still pending. Accordingly, the order of status quo extracted above is still in force.
3. Appearing for the petitioner, Mr. Bhattacharya, learned Senior Advocate, submitted that with full knowledge of the status quo order, the respondent started construction on the second floor of the building in question. He submitted that various complaints were lodged by the petitioner with the concerned Authorities including the Police, the local councillor, the local member of the Legislative Assembly and the Kolkata Municipal Corporation (KMC). Learned Senior Counsel, drew our attention to copies of such complaints which are annexed to the
The main legal point established in the judgment is that willful disobedience of a court order, as defined in the Contempt of Courts Act, can lead to punishment under Section 12 of the Act.
The court affirmed that contempt proceedings ensure compliance with court orders, emphasizing the necessity of adhering to mandatory regulations in construction.
In contempt proceedings, the court does not review the correctness of a compliance order but assesses willful violations of its directions.
In contempt proceedings, the court requires absolute proof of violations due to their penal nature; any doubt favors the accused.
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